|
STRONG DETERRENT TO CARTELS A new criminal offence that may incur a jail term as well as fines is to be introduced to cover cartels - the law will target: î those who set up and maintain the cartel, î senior management involved.
COMPETITION AUTHORITIES Competition authorities will be stronger, more independent and more proactive. Their role will include promoting competition and in advising whether laws and regulations create barriers to entry or hold back innovation: they will share information with foreign authorities. Consumer groups will bring super-complaints to the Office of Fair Trading faster.
MERGER CONTROL PROCESS î Government ministers will lose decision-making power in merger cases, except in public interest issues: î Mergers will be assessed against a 'substantial lessening of competition' test: î A turnover threshold of £45 m will replace the assets test: î The remedies available will be updated: and î Investigation Time-Tables shall be: 30 working days for mergers notified by merger notice: 40 days for other cases: 24 weeks for Competition Commission inquiries in second-stage investigations.
MONOPOLY INVESTIGATIONS î The monopoly investigation provisions of the Fair Trading Act 1973 are to be replaced with more general powers to investigate markets: î The Office of Fair Trading will be given powers to keep markets under review and will be able to refer a market to the Competition Commission for full investigation where necessary: î The assessment test will be focused on competition: and î The Competition Commission will be required to develop remedies that address the competition issues that have been identified.
PRIVATE ACTIONS The judicial process will be streamlined to make it easier to bring private actions. Moreover the Competition Commission's Appeal Tribunal will have jurisdiction to hear claims for damages in competition cases.
|